GR 142985; (August, 2002) (Digest)
G.R. No. 142985, August 6, 2002
People of the Philippines, plaintiff-appellee, vs. Raymundo Magtibay y Bachoco, accused-appellant.
FACTS
On September 15, 1997, at about 8:00 p.m. in Barangay Sagana, Bongabong, Oriental Mindoro, Rachelle Recto went to a store to buy items. The accused-appellant, Raymundo Magtibay, was at the store and stared at her. On her way home, Magtibay approached her, pulled her right hand, covered her mouth, and threatened to kill her if she shouted. He forced her to lie on a grassy area, removed her shorts and panties, undressed himself, placed himself on top of her, and inserted his penis into her vagina. Due to his threats, Rachelle initially kept silent about the incident. She later became pregnant and gave birth to a baby boy, after which she revealed the rape to her mother. A medico-legal report confirmed her pregnancy and noted genital injuries. The defense presented an alibi, claiming Magtibay was bedridden with influenza at his in-laws’ house from September 14 to 19, 1997, and was visited by a tricycle owner who found him ill on September 15. The Regional Trial Court found Magtibay guilty of rape and sentenced him to reclusion perpetua.
ISSUE
Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the trial court’s judgment of conviction. The Court found the testimony of the victim, Rachelle Recto, to be credible and consistent, detailing the use of force and threats to kill, which compelled her submission. The Court held that the victim’s failure to offer resistance or make an outcry did not negate rape, as her fear of physical harm was reasonable under the circumstances. The defense of alibi was rejected for being weak and uncorroborated by clear and convincing evidence, and it could not prevail over the positive identification by the victim. The penalty of reclusion perpetua was affirmed. The Court modified the civil aspect, ordering the accused-appellant to pay Rachelle Recto P50,000.00 as civil indemnity and P50,000.00 as moral damages. He was also ordered to provide support to the child born from the rape, with the amount and terms to be determined by the trial court in a proper proceeding.